People v. Morrison CA3 ( 2023 )

Filed 10/10/23 P. v. Morrison CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Tehama)
----
THE PEOPLE, C097677
Plaintiff and Respondent, (Super. Ct. Nos. 18CR002367
& 22CR002806 )
v.
STEVEN ALBERT MORRISON,
Defendant and Appellant.
Defendant Steven Albert Morrison pled guilty to failing to appear when charged
with a felony and fleeing from a peace officer while driving with wanton disregard for
safety. The trial court sentenced him to seven years four months in prison.
Defendant appeals. His appointed counsel filed an opening brief raising no legal
issues and asking this court to independently review the record pursuant to People v.
Wende (1979) 25 Cal.3d 436. Having done so, we affirm.
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FACTUAL AND PROCEDURAL BACKGROUND
In 2018, the People charged defendant in Tehama County Superior Court case
number 18CR002367 with failing to appear, having been previously charged with
committing a felony unlawful taking of a vehicle. In 2020, the People amended the
complaint to allege that defendant had previously been convicted of a violent felony. In
2020, defendant pled guilty and admitted the prior conviction. In return for the People
dismissing the remaining counts and allegations in case number 18CR002367, dismissing
nineteen other cases, and agreeing not to file any further charges for prior failures to
appear, defendant agreed to a stipulated sentence of six years in prison.
In 2022, the People charged defendant in Tehama County Superior Court case
number 22CR002806 with fleeing a peace officer while driving with wanton disregard
for safety and fleeing a peace officer while driving against traffic. Defendant pled guilty
to fleeing while driving with wanton disregard for safety and again admitted his prior
violent felony conviction. In return for having the other counts and enhancements
dismissed, defendant agreed to a stipulated sentence of 16 months in prison that would
run consecutive to the six-year sentence in case number 18CR002367.
At the sentencing hearing on December 12, 2022, the trial court sentenced
defendant in both cases in accordance with the plea agreements, for a total term of seven
years four months in prison. The trial court incorporated by reference fines and fees
prepared by the probation department with both parties’ assent. Defendant timely
appealed from both judgments. While the appeals were pending, the trial court corrected
the amount of the restitution fine and parole revocation fine imposed in case number
18CR002367.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening
brief setting forth the facts of the case and, pursuant to People v. Wende, supra, 25 Cal.3d
436, requesting this court to review the record and determine whether there are any
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arguable issues on appeal. Defendant was advised by counsel of the right to file a
supplemental brief within 30 days of the date of filing of the opening brief, and he has not
done so.
After independently reviewing the record, we find no arguable error that would
result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/
MESIWALA, J.
We concur:
/s/
MAURO, Acting P. J.
.s.
WISEMAN, J.*
* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by
the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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